On October 1, 2018, Taiwanese LED manufacturer Everlight Electronics Co., Ltd. and its German subsidiary Everlight Electronics Europe GmbH (both “Everlight“) have completely withdrawn their request to the German Federal Court of Justice (docket number X ZR 5/17) for allowance of a further appeal against the judgment of the Düsseldorf Court of Appeal concerning the YAG patent EP 936 682 (DE 697 02 929) of Nichia Corporation (“Nichia“). Thereby, the judgment of the Court of Appeal has become final.

With now final judgment dated December 22, 2016 (docket number I-15 U 31/14), the Düsseldorf Court of Appeal had confirmed the infringement of Nichia’s YAG patent by Everlight with regard to Everlight’s six white LED products SMD Low Power LED 61-238/LK2C-B56706F4GB2/ET, SL-PAR38/B/P17/30/E30/ND, 67-21/QK2C-B56702C4CB2/2T, 67-21/QK2C-B45562C4CB2/2T, 45-21/LK2C-B56702C4CB2/2T, and 45-21/QK2C-B45562C4CB2/2T.

Nichia seeks to protect its patents and other intellectual property rights and takes actions against alleged infringers in any country where appropriate and necessary.